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Ministerial Declaration on the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment

We, the APEC Ministers responsible for the Telecommunications and Information Industry, gathered at Singapore, 3-5 June 1998,
heeding the call of APEC Leaders:
at Osaka, November 1995, for the development and implementation, on an elective basis, of a model mutual recognition arrangement on conformity assessment for telecommunications equipment; and
at Subic, November 1996 to identify sectors where early voluntary liberalisation would have a positive impact on trade, investment and economic growth in the individual economies as well as in the region, and to submit recommendations on how this could be achieved;
noting the identification by APEC Ministers responsible for Trade at Vancouver in November 1997, of a mutual recognition arrangement on conformity assessment for telecommunications equipment as a sector for early voluntary liberalisation; wherein Ministers responsible for Trade had urged that this work be concluded in the first half of 1998, with a view to commencing implementation wherever possible in 1999;
noting also that our Leaders and the APEC Ministers responsible for Trade had stated at Vancouver in November 1997 that the development and implementation of sectoral initiatives, such as a model mutual recognition arrangement on conformity assessment for telecommunications equipment, should take into account the different levels of economic development and diverse circumstances of all APEC member economies;
applauding the important preparatory work undertaken by the APEC Telecommunications Working Group (TEL) to complete the Framework for such an arrangement and the Enhanced APEC Guidelines for Regional Harmonisation of Equipment Certification by September 1997;
satisfied that, consistent with the leadership shown by APEC in initiating the World Trade Organisation's Information Technology Agreement in 1996 and in ensuring the success of the WTO Basic Telecommunications Services Agreement in 1997, the conclusion of this Mutual Recognition Arrangement on Conformity Assessment for Telecommunications Equipment will:
  • build upon wider international efforts to reduce technical barriers to trade [1] ;
  • contribute to telecommunications standardisation efforts undertaken by the International Telecommunication Union; and
  • prove a stimulus to other trade facilitation measures within the APEC region
    acknowledging that this Mutual Recognition Arrangement on Conformity Assessment for Telecommunications Equipment is an expression of intent by the participating economies to work together in their mutual interest, and does not, in and of itself, create legally binding international obligations for economies;
DO HEREBY DECLARE their strong endorsement [2] for this, the first ever Mutual Recognition Arrangement (MRA) on Conformity Assessment for Telecommunications Equipment among APEC economies, as a major milestone in their efforts to facilitate trade in telecommunications within the APEC region and to expand the Asia Pacific Information Infrastructure for the benefit of all APEC economies; and
DO FURTHER DECLARE in the form shown in the Appendix attached hereto, the indicative timeframe by which their individual economies will voluntarily participate in this Mutual Recognition Arrangement.
1 The World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) provides that WTO Members "shall ensure, whenever possible, that results of Conformity Assessment Procedures in other WTO Members are accepted, even when those procedures differ from their own, provided they are satisfied that those procedures offer an assurance of conformity with applicable technical regulations or standards equivalent to their own procedures." The Agreement also provides that "Where a positive assurance of conformity with a technical regulation or standard is required, Members shall, wherever practicable, formulate and adopt international systems for conformity assessment and become members thereof or participate therein."
2 Chile sees the MRA as a step forward towards the elimination of trade barriers in the APEC region. However, in view of the very open nature of the current Chilean certification system for telecommunications equipment, and in line with Chile's stated position on Early Voluntary Sectoral Liberalisation within APEC, Chile abstains from endorsing the Ministerial Declaration on the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment.
 
Appendix

Indicative Schedule for Voluntary Participation in the Mutual Recognition Arrangement on Conformity Assessment for Telecommunications Equipment

Economy

Mutual Recognition of Test Reports

(Phase I)

Mutual Recognition of Equipment Certification

(Phase II)

Australia

Australia already accepts test reports from other parties.

Suppliers declarations are accepted now. Australia does not require certification.

Brunei Darussalam

2003

2003

Canada

End of 1998

End of 1999

China

2002 for network terminals

To be advised

Hong Kong, China

Already in effect

July 1999

Indonesia

2005

To be advised

Japan

July 1999

July 1999

(targeted, but could be 2000)

Korea

July 1999

To be advised

Malaysia

2003

2003

Mexico

June 2001

To be advised

New Zealand*

(See footnote)

(See footnote)

Papua New Guinea

December 2001

To be advised

Philippines

2005

2006

Singapore

July 1999

End of 1999

Chinese Taipei

Already in effect

2000

(targeted, but could be 2001)

Thailand

2004

2006

United States

FCC currently accepts test data from other parties.

July 1999

*  The responsibility for setting the standards for attachment to telecommunications networks in New Zealand rests with network operators, not the government — except in as far as electrical safety and electro-magnetic compatibility are concerned. Recognising its potential to contribute towards removal of non-tariff barriers in the APEC region, New Zealand proposes to endorse the MRA.